Olmstead v. Fidelity & Deposit Co.

The opinion of the court was delivered by

Dawson, J.:

This was an action against the surety on a bond given by a contractor who had undertaken to build a house for plaintiff.

The bond recited that on June 14, 1930, W. W. Stringer, of Wichita, hád entered into a written agreement with Fred W. Olmstead, of Anthony, to build a residence and garage for the latter in accordance with plans and specifications prepared by Ted Mason, *826architect. The principal obligation of the bond of present concern provided:

“Now, therefore, the condition of this obligation is such that, if the principal shall faithfully…